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(영문) 서울고등법원 2019.09.06 2019노1395
살인미수등
Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

The judgment of the court below shall be 7 and 9.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) in the lower court’s punishment (eight years of imprisonment) is too unreasonable, and it is difficult to view that the Defendant in the instant case requesting the attachment order is likely to repeat murdering.

Nevertheless, it is unreasonable for the court below to order the defendant to attach an electronic tracking device for ten years and to impose an obligation.

B. The lower court’s sentence is too unfilled and unfair.

2. Determination

A. The Defendant made a confession of all of the crimes of this case on the assertion of unfair sentencing by the Defendant and the prosecutor.

Among the crimes of this case, the most serious murder crime was committed and attempted.

The crime of attempted murder and violence in this case are not planned in advance, but are dynamic crimes committed by the defendant in drinking state.

The defendant, in the poor family environment, has been careed properly and has grown without being examined.

On the other hand, the Defendant committed each of the crimes in this case under the condition of attaching an electronic device during the period of parole after the Defendant was released from parole as a crime of robbery or injury.

The crime of attempted murder of this case was committed by the victim B, who did not resist any resistance by the Defendant, through nine times at the same time. The method of committing the crime is harsh.

As a result, the victim B recovers the left side of the death, and the use of the left part of the death suspected of damage to the present is not free until now, and the result of the crime is also serious.

Furthermore, the Defendant, even though the first time of the instant case, was spawned to threaten the Victim E, which is a dangerous object to threaten the Victim C, and committed violence against the Victim E.

At the time, the Defendant knew that the victim D reported in 112, but did not commit the crime of murder of this case and of special intimidation and assault.

The victims of the crime of attempted murder of this case and special intimidation and violence of this case are the victims of this case.

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